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Articles 1 - 9 of 9

Full-Text Articles in Law

Improper Delegation Of Judicial Authority In Child Custody Cases: Finally Overturned, Dale Margolin Cecka Nov 2017

Improper Delegation Of Judicial Authority In Child Custody Cases: Finally Overturned, Dale Margolin Cecka

University of Richmond Law Review

No abstract provided.


Dizzying Gillespie: The Exaggerated Death Of The Balancing Approach And The Inescapable Allure Of Flexibility In Appellate Jurisdiction, Bryan Lammon Jan 2017

Dizzying Gillespie: The Exaggerated Death Of The Balancing Approach And The Inescapable Allure Of Flexibility In Appellate Jurisdiction, Bryan Lammon

University of Richmond Law Review

In Part I, I provide necessary background on the current re- gime of federal appellate jurisdiction before turning to the rise and fall of Gillespie and the balancing approach. Part I concludes by explaining how inconsistent Gillespie and the balancing approach are with the Supreme Court's current approach to appellate jurisdiction. Part II turns to five areas in which the balancing approach persists in the courts of appeals and demonstrates the influence of the balancing approach, and the often case-by-case nature of decision-making, in each of these areas. And in Part III, I explore the implications of the balancing approach's …


Filling Federal Court Vacancies In A Presidential Election Year, Carl Tobias May 2016

Filling Federal Court Vacancies In A Presidential Election Year, Carl Tobias

University of Richmond Law Review

No abstract provided.


The Court Of Appeals Of Virginia Celebrates Thirty Years Of Service To The Commonwealth, Hon. Stephen R. Mccullough, Hon. Marla Graff Decker Nov 2015

The Court Of Appeals Of Virginia Celebrates Thirty Years Of Service To The Commonwealth, Hon. Stephen R. Mccullough, Hon. Marla Graff Decker

University of Richmond Law Review

No abstract provided.


Appellate Law, Hon. Marla Graff Decker Nov 2014

Appellate Law, Hon. Marla Graff Decker

University of Richmond Law Review

No abstract provided.


Appellate Law, L. Steven Emmert Nov 2010

Appellate Law, L. Steven Emmert

University of Richmond Law Review

No abstract provided.


Criminal Law And Procedure, Virginia B. Theisen, Stephen R. Mccullough Nov 2010

Criminal Law And Procedure, Virginia B. Theisen, Stephen R. Mccullough

University of Richmond Law Review

The authors have endeavored to select from the many cases and bills those that have the most significant practical impact on the daily practice of criminal law in the Commonwealth. Due to space constraints, the authors have stayed away from discussing settled principles, with a focus on the "take away" for a particular case.


Filling Federal Appellate Vacancies, Carl W. Tobias Jan 2009

Filling Federal Appellate Vacancies, Carl W. Tobias

Law Faculty Publications

Judicial selection for the United States Courts of Appeals has rarely been so controversial. Delay in nominating and analyzing candidates as well as fractious accusations, recriminations, and "paybacks" between Democrats and Republicans have vexed circuit appointments over two decades. Many judgeships remain empty for long periods, while one position has been vacant since 1994. Certain appellate tribunals have confronted acute difficulties. The U.S. Court of Appeals for the Sixth Circuit recently operated absent half its judicial complement across eight months, and numerous courts labored without one in three members at various junctures.

The Senate, which furnishes advice and consent, has …


Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough Nov 2004

Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough

University of Richmond Law Review

No abstract provided.